It shall be unlawful for any person to conduct the business of quarrying
within the Borough without first having obtained a license in accordance with
the requirements of this chapter.
Applications for licenses required by this chapter shall be upon forms
provided by the Borough Clerk and shall be signed, verified by the applicant,
setting forth or accompanied by the following information:
A.
The name and address of the applicant, if an individual;
the name and business address of each partner, if a partnership; the name,
date and state of incorporation; the name and business address of all officers
and stockholders, if a corporation and, if a corporation not incorporated
in the State of New Jersey, whether the same is authorized to do business
in the State of New Jersey; the name and address of all plant officers, plant
manager and plant engineer; the name and address of all partners if any stockholder
is a partnership; and the name and address of all officers if a stockholder
is a corporation.
B.
Data showing the ownership of the property involved.
In the event the applicant is not the owner, written consent of the owner
must be furnished.
D.
A plot plan of the premises prepared by an engineer or
land surveyor licensed in the State of New Jersey showing the entire tract
and encompassing the following:
(1)
The submission shall be at a scale of one inch equals
100 feet, except that if a large scale is required to show specific areas
and details, supplemental maps shall be included at the larger scale. If one
sheet is not sufficient to contain the entire property and surrounding area
as required herein, the map may be divided into sections to be shown on separate
sheets of equal sizes, with reference on each sheet to the adjoining sheets.
(2)
A key map showing the entire tract and its relation to
the surrounding areas at the scale of one inch equals not less than 2,000
feet.
(4)
Graphic scale.
(5)
Revision box.
(6)
All boundary lines with lengths of courses to 100th of
a foot and bearing to 1/2 minute, the error of closure not to exceed one to
10,000. The boundary lines shall be in the New Jersey State Plane Coordinate
System, NAD 83, and should show meridian reference (North arrow).
(7)
Any municipal limits within 200 feet of the property
and the names of adjoining municipalities.
(8)
Zone boundaries.
(9)
Existing block and lot number(s) of the property as they
appear on the municipal Tax Map.
(10)
Block and lot number and the name and address of the
owner or owners of record and all property owners within 200 feet of the extreme
limits of the property as shown on the most recent tax list prepared by the
Tax Collector.
(11)
Acreage of the property to the nearest tenth of an acre.
(12)
The names, location and width of all existing or recorded
streets, watercourses and drainage rights-of-way intersecting the property,
adjacent to the property and within 500 feet of the extreme limits of the
property as shall be shown on the Tax Map of the Borough.
(13)
The location of all buildings, bridges, culverts, drainage,
high tension towers and watercourses within 500 feet of the extreme limits
of the property as shall be shown on the Tax Map of the Borough.
(14)
All public property within 500 feet of the extreme limits
of the property with the uses designated.
(16)
A copy of all restrictive covenants of every nature existing
by deed or otherwise affecting the property.
(17)
The location of wooded areas within the property and
within 500 feet of the extreme limits of the property.
(18)
Existing contours of two-foot intervals for slopes of
less than 30% and a ten-foot interval for slopes of greater than 30% for the
property and the area within 500 feet of the extreme limits of the property.
Spot elevations of all adjacent properties, county roads and driveway entrance.
All elevations shall be based upon NGVD 1988.
(19)
The location of all existing structures and their uses.
(20)
The location of all internal roadways.
(21)
The location of all parking areas showing parking bays,
aisles, etc.
(22)
The location of all noise suppression devices, along
with details and a written report describing the facilities.
(23)
The location of all loading areas, showing size and access.
(24)
The location and size of all signs.
(25)
The location of all existing fencing, fencing to be constructed
during the license period, and any future fencing to be constructed.
(26)
The location, direction of illumination, power, and type
of exterior lighting, including when the lighting will be used.
(27)
Existing and proposed buffer areas (shall be marked in
the field), detailed screening and landscaping plans.
(28)
All means of vehicular ingress and egress to and from
the site onto public streets, showing the design and location of driveways
and curb cuts, including any necessary devices to prevent a hazardous traffic
situation.
(29)
Plans and computations for handling stormwater discharge
from the property based upon a one-hundred-year design storm and the method(s)
to be used to prevent additional runoff from occurring as supplied to NJDEP
for stormwater permits.
(30)
A soil sedimentation and erosion control plan for the
property.
(31)
The anticipated ultimate limits of the quarry operation.
(32)
The anticipated contours to be created by the quarry
operation during both the next 12 months and annually thereafter for the anticipated
life of the quarry.
(33)
A current aerial photograph of the site in sufficient
detail to show clearly the perimeter of quarried material, benches, improvements,
stockpiled material, internal roadways, portable equipment, parking areas
and similar features. The photo shall be marked to show quarry boundaries
and buffer zones.
E.
An environmental impact statement shall be submitted
covering in detail the following areas:
(1)
Description of the operation broken down by activity,
the hours of operation of each activity and personnel and equipment required
for each operation, including, but not limited to:
(2)
Upon application, and annually during the license term,
the volume of processed, recycled or asphalt materials produced during the
preceding year and estimated to be produced in the upcoming year.
(3)
Total traffic generated by the site, including, but not
limited to, passenger vehicle arrivals and departures, truck arrivals and
departures, all by the time of day and entrance.
(4)
Methods and quantitative analysis to insure that noise
limits as established by law are not exceeded, including a complete, detailed
report of all efforts being taken to reduce both the noise and vibration created
by blasting.
(5)
Consistent with NJDEP permits, a description of the methods
and analysis to insure that potable water quality and quantity will not be
polluted or decreased and that the quantity of stormwater runoff will not
be increased. Water quality shall be subject to approval by the NJDEP.
(6)
Methods (including plans) to insure that erosion will
not occur and that sediment will not be transported by stormwater runoff.
(7)
Consistent with NJDEP permits, a description of the methods
to insure that air pollution from blacktop plants, recycling operation, and
quarry operations will be minimized.
(8)
Consistent with § 283-4D(32), a full description of on-site changes anticipated during the next 12 months on a site plan with a description in narrative form describing both quarrying and the incidental activities associated therewith. The narrative shall be binding upon the applicant, and a substantial deviation from the narrative shall constitute a violation of this chapter unless an amended plan has been filed with and approved by the Borough.
(9)
An annual summary of all complaints, both verbal and
written, received and action taken concerning those complaints during the
preceding 12 months.
(10)
Information described in the previous subsections as
being required annually shall be supplied to the Borough at the same time
that the annual fee is paid.
A.
Prior to approval of the initial application, a plan for rehabilitation of the site, incorporating the data required under § 283-4, shall be submitted to the Mayor and the Council with a copy to the Planning Board for review and comment. The Planning Board shall make its report within a period of 45 days after referral. The reclamation plan shall provide that after quarry operations are terminated, the site shall be made reusable for a use permitted in the particular zone affected in accordance with applicable standards of the Zoning Ordinance of the Borough.[1] Nothing in this subsection shall preclude the applicant from submitting
alternative plans for rehabilitation of the site and revisions of same from
time to time. The plans and revisions shall be reviewed by the Borough Engineer
and approved by the Mayor and Council. Regardless of changes or revisions,
the rehabilitation plan shall be reviewed at license renewal. After the quarry
operation is terminated, the area shall be brought to a final grade with suitable
material approved by the Borough Engineer.
B.
If, in the opinion of the Mayor and Council, it is determined desirable to postpone a final decision on an approved reclamation plan, an alternative of the requirement for an approved reclamation plan as described in this section may be accepted by the Borough Council for an interim basis. Such an alternative may take the form of the alternate surety as set forth in § 283-6.
Prior to the approval of any license, the applicant shall submit a performance bond with adequate surety to assure the rehabilitation of the site of operations in accordance with the provisions of § 283-5. In accordance with the procedure established in N.J.S.A. 40:55D-53, the amount of the performance bond, upon the recommendation of the Borough Engineer, shall be fixed by the Mayor and Council upon issuance or renewal of the quarry license. The surety thereon shall be a recognized surety company authorized to do business in the State of New Jersey.
A.
On January 1 of each year, an annual fee of $2,500 shall
be paid by the license holder to the Borough to be applied toward expenses
of administrative and legal review, Planning Board review, and Board of Health
review. This fee shall not be prorated and may be adjusted from time to time
to approximate the cost of administration of the various provisions of this
chapter.
B.
A separate annual escrow fee in the amount of $10,000
is established to cover the monthly inspections, monthly reports, investigations
of violations by the Borough Engineer, special expert review of dust, blasting,
noise and other areas of special expert advice deemed necessary by the Borough
Engineer. The license holder shall deposit the annual escrow fee January 1
of each year, and it shall be replenished as necessary. Any unexpended portion
of the annual escrow fee shall be credited to the following year's annual
escrow fee. If the license holder disputes the need to pay special expert
fees in excess of $10,000 in one calendar year, the license holder and the
Borough will each select an engineer to review the need for additional special
expert fees. The engineers will meet and attempt to agree as to what additional
sums may be necessary. In the event the experts cannot agree as to the need
for additional special expert fees, they shall select a third, highly qualified
engineer to decide the issue. If the experts cannot agree on the selection
of the third highly qualified engineer, the issue shall be submitted to the
Passaic County Assignment Judge, who shall appoint an engineer from a list
of four names, two submitted by each party. The annual escrow fee shall be
administered in accordance with the applicable provisions of N.J.S.A. 40:55D-53.2.
A.
All license applications shall be reviewed by the Borough
Engineer and forwarded to the Borough Council along with the Borough Engineer's
recommendations. The Borough Council shall determine whether the application
is in compliance with this chapter and, if so, shall issue a license to operate
the quarry in the manner set forth in the application. The application shall
be filed with the Borough no later than November 1 every three years. The
application shall be acted upon by the Borough Council no later than December
15, or 45 days from the date of the filing of the application, whichever is
later, but if not acted upon by such date, the existing license shall continue
in full force and effect until so acted upon by the Borough Council.
B.
If approved by the Borough Council, the license shall
be renewed every three years as of January 1 of the third anniversary year
and shall expire on December 31 of the third year. An initial license issued
during the calendar year shall expire on December 31 of the third year.
After giving the license holder 10 days' written notice specifying the
grounds upon which the license is proposed to be suspended and an opportunity
to be heard, the Borough Council may, after a hearing, suspend any license
issued under this chapter if it finds that the license holder is violating
a material term or provision hereof or an applicable statute of the State
of New Jersey in such a fashion as will be substantially detrimental to the
health, safety or welfare of any of the inhabitants of the Borough. The decision
to suspend may be challenged in the Superior Court of New Jersey in accordance
with law.
